[Online acceptance of Terms of Use “TOU”]
Acceptance of Terms
PRforPeople®, owned by Xanthus Communications LLC, provides its services subject to certain terms and conditions including the terms set out below. Collectively, these are the "Terms of Use" or "TOU". All of these may be revised by PR for People from time to time, without notice, and will be posted as amended on our site. Use of our services constitutes acceptance of the Terms of Use, as so published.
About PR for People
PRforpeople.com is an online media community that gives people the media platform to share their news. It allows writers to provide quotations, commentary, case studies and information for the purpose of being published in the PR for People platform, including but not limited to its online digital magazine, its news portal, its news flashes and its podcasts. PR for People also generates its own news by assigning freelance writers to write news stories on a case-by-case basis.
Membership Eligibility and Responsibility
By registering as a member, you confirm your acceptance of this agreement and represent and warrant that you are at least 18 years old. Your membership is solely for your individual use and you will not authorize others to use your account, profile, or messages. You are solely responsible for all use of your content published, messages sent or posted, and interactions with the media. You agree to maintain the accuracy of your biographical information. You understand and agree that we have no obligation to pre-screen, manage, or edit content made available to the media. You agree to assume all risk associated with the content you provide to us as a direct result of our service.
You acknowledge that PR for People does not pre-screen content that you send directly to the media, but that PR for People and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Service. Without limiting the foregoing, PR for People and its designees shall have the right to remove any content that violates the TOU or is otherwise objectionable. Please see our Editorial and Privacy Policy.
You acknowledge and agree that PR for People may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of PR for People, its users and the public.
You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
License
We do not claim ownership of your information. We will use your Information only in accordance with our privacy policy. However, to enable us to use your public information and to ensure we do not violate any rights you may have in your public information, you grant PR for People a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise, commercialize and exploit the copyright, publicity, and database rights (but no other rights) you have in your public information, in any media now known or not currently known, with respect to your public information.
Links and Third Parties
We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that PR for People shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on our website or through our platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that PR for People shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our platform.
Restrictions on Rights to Use
You shall not (and you agree not to allow any third party to):
- modify, adapt, translate, or reverse engineer any portion of the PR for People site and/or PR for People Service;
- remove any copyright, trademark or other proprietary rights notices contained in or on the PR for People site and/or PR for People Service;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the PR for People site and/or PR for People Service;
- collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit for professional networking matches;
- reformat or frame any portion of the web pages that are part of the PR for People site and/or PR for People Service;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit unwanted electronic communications such as "spam" to other users or members of the PR for People site and/or PR for People Service or otherwise interfere with other users’ or members’ enjoyment of the PR for People site and/or PR for People Service;
- submit any third party materials or content without such third party's prior written consent;
- submit any dontent or material that falsely express or imply that such content or material is sponsored or endorsed by PR for People;
- submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- use the PR for People site or PR for People Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
- copy or store any content offered on the PR for People site for any type of commercial use;
- submit content or materials that are unlawful or promote or encourage illegal activity;
- submit false or misleading information to PR for People;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
- use the PR for People site and/or PR for People Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
- collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
Content Posted By You on the PR for People Site
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
- You understand and agree that PR for People may review and delete any content, business listings (including business name, address, phone, fax, distance, reviews, rating, reviews) that in the sole judgment of PR for People violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the PR for People site and/or other website users.
- You are solely responsible for any content that you publish or display on the PR for People site or transmit to other members and/or other website users (hereinafter, "posted content").
- You agree that you will only post content that you believe to be true and you will not purposely provide false or misleading information.
- By posting posted content on the PR for People Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, PR for People, its contractors, and the users of the PR for People site an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such posted content and to prepare derivative works of, or incorporate into other works, such posted content.
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The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the PR for People site. PR for People reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the PR for People Service and terminating the membership of such violators or blocking your use of the PR for People Service and/or PR for People site. You may not post content that:
- is false or intentionally misleading;
- is patently offensive to users of the PR for People site, such as content or messages that promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive;
- is threatening, obscene, defamatory or libelous;
- is pornographic or sexually explicit in nature; and
- seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
Termination and Breach
You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account, your status or your ability to use all or any portion of our platform, for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the platform. Termination or suspension of your use of our platform will not result in refunds of the annual subscription fee for media switchboard or for any related professional fees, if any, and you will forfeit the remaining period of your paid subscription, if any.
How do subscribers terminate service? Subscribers can opt-out at any time. You can opt-out of your membership by sending an e-mail to news@prforpeople.com. The cycle for deactivation of your account is 30 days.
Communications
Our Communications. You understand and agree that we may send you certain communications, such as PR for People announcements, newsletters, service announcements and other administrative messages, and that these communications are considered part of our platform. Your ability to opt out of these communications, if any, will be governed by our privacy policy.
Communications with PR for People staff members. You understand and agree that you may receive communication from PR for People in the normal course of utilizing our services. By joining PR for People, you agree to receive communications from our team members, who may communicate with you through our platform.
Other Users. We do not control the information provided by other users, which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our website. Please note that is a risk that you may be dealing with underage persons or people acting under false pretense.
Fees and Payments
Access to our website and use of selected features of our platform is a subscription for individual users. PR programs and services are offered through a separate business entity, Xanthus Communications LLC. We may, in our sole discretion, begin charging a fee for access to our website and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service, we will establish the fees for that service at the launch of the service. If we impose new fees or change the fees for an existing service, such new or revised fees shall automatically be effective thirty (30) days after they are initially posted on our website, as provided above. Once fees and changes become effective, you agree to pay all fees and charges specified and all applicable taxes for the services provided and benefits received. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Use (e.g., overdrawn accounts, exceeding account limits, etc.)
Promotions and Coupon Codes. We may from time to time offer promotions where we may discount or waive certain Premium Subscription fees, or other fee-based products or services. We may offer coupon codes as a mechanism for processing a discount or credit. Coupon codes have no cash value, are not retroactive, and unless specified, are non-transferable and expire within thirty (30) days of date of issue.
Disclaimer
THE PR FOR PEOPLE SITE IS PROVIDED BY PR FOR PEOPLE ON AN "AS IS" BASIS. PR FOR PEOPLE AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE PR FOR PEOPLE SITE, PRFORPEOPLE SERVICE OR SOFTWARE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE PR FOR PEOPLE SITE OR IN GROUP WITH THE PR FOR PEOPLE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PR FOR PEOPLE AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PR FOR PEOPLE AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE PR FOR PEOPLE SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PR FOR PEOPLE IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE PR FOR PEOPLE SITE.
PR for People does not warrant or ensure that the PR for People Service will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the PR for People Service is free of viruses or other potentially harmful components. Any material or content downloaded or otherwise obtained through the use of the PR for People Service is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM PR FOR PEOPLE, THE PR FOR PEOPLE SITE, OR THROUGH OR FROM THE PR FOR PEOPLE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation on Liability
PR for People shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond PR for People reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, PR FOR PEOPLE AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PR FORPEOPLE'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO PRFORPEOPLE FOR THE PRFORPEOPLE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Indemnity
You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference. Without limiting the foregoing, you agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any PR for People member or third party due to or arising out of your statements to media.
Ownership and Mark
Except for the content submitted by members or users, the PR for People Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by PR for People or its licensors. You acknowledge that the PR for People Service and any underlying technology or software used in connection with the PR for People Service contain PR for People's proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the PR for People Site, or PR for People Services in whole or in part except as expressly provided in PR for People's policies and procedures made available via the PR for People Service. Except as expressly and unambiguously provided herein, PR for People and its suppliers do not grant you any express or implied rights, and all rights in the PR for People Service not expressly granted by PR for People to you are retained by PR for People.
PR for People owns and retains, to the fullest extent of the law, all rights in the Service including, but not limited to, copyrighted material, trademarks, patented processes, trade secrets, and other proprietary information. You will not distribute, transmit, transfer, offer, copy, publish, display, modify, or sell, assign, or sublicense any portion of the Service, its code, or any proprietary information on the Service, or any intellectual property or other proprietary right in any of the foregoing. You will not reverse engineer, reverse assemble, or otherwise attempt to discover any source code or proprietary information, or obtain unauthorized access to the Service. The foregoing does not apply to user content.
Changes to the Agreement or the PR for People Services
You agree and understand that these Terms of Use, the PR for People Site and the PR for People Services may be modified by PR for People at any time without prior notice, and such modifications will be effective upon PR for People's posting of the new terms and/or upon implementation of the new changes on the PR for People Site. You agree to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the PR for People Service after any modifications indicates your acceptance of the modified Terms of Use. Unless expressly stated otherwise by PR for People, any new features, new services, enhancements or modifications to the PR for People Service implemented after your initial access to the Service shall be subject to these Terms of Use.
Governing Law / Arbitration
This agreement is governed by Washington law as such laws apply to agreements entered into and to be performed entirely within Washington. Any claim arising out of or relating to this agreement or PR for People shall be settled by binding arbitration in King County, Wash, in accordance with the American Arbitration Group's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by Washington law. However, (a) each of us may seek interim relief from a King County, Wash, court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.
Questions or Comments
If you have questions or comments about this terms of use, please contact us at:
PR for People
Attn: Terms of Use
Xanthus Communications LLC
2012 Queen Anne Avenue North PMB 615
Seattle, WA 98109-3134